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Questions Answered by Bruce Martin Broyles
1 Answer | Asked in Real Estate Law for Ohio on
Q: Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

I’ve informed them of the statute of limitations. He threatened foreclosure on the phone to me.

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 7, 2021

The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: My father passed and I believe he left everything to my sister. He had a small policy for his grandchildren and I was in

It I recieved 1067.00 My sister was left his home and his funds totaling around 200 thousand or more. My father also had separate life policies on his children they cashed theirs in years ago I never did, my question is can I cash mine in it's a 25 thousand dollar policy or does it go to my sister.

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 23, 2021

If I understand your question, your father named you the beneficiary on a life insurance policy, but left everything to you sister in his will. A life insurance policy is not an asset of the estate and instead is a contract between the Insurance company, the owner of the policy and the beneficiary... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: Auditor had wrong info on property record

I just had my home appraised to dispute the county auditors recent valuation. The appraiser discovered the property records had 300 square feet extra that does not exist. He measured twice after consulting the auditors info. This information has been incorrect for the 15 years I've lived here... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 23, 2021

I agree with the suggested course of action to file a complaint or appeal for the re-valuation of your property. Concerns about past valuations and past real property taxes paid are unavailable after the time to file a complaint for re-valuation lapses each year.

A recent appraisal and the...
Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: Bought a lot that advertised utilities in place and Found out that no utilities are in place
Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2021

Based solely upon the information provided, you may have a claim for fraudulent misrepresentation. However, the contract could have language in it negating any representation made by the seller, or the lack of utilities may have been open and obvious or readily detectable upon a reasonable... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: How much will it cost to use a lawyer, instead of a real estate agent, to buy a home?

I don't want the services of a real estate agent. I do want the peace of mind that everything is done correctly insofar as the sale goes, disclosures by the seller, etc.

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 31, 2020

If you used a realtor it would cost at least 3% of the price of the home. A $100,000 would cost $3,000. A lawyer would be able to review the contracts and disclosures for less than the $3,000. However, a real estate agent is also there to make sure you are taking all the necessary steps to... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Expired lease, no renewal

Our lease has been up since May 31, 2020. It says they will no longer automatically renew leases They never contacted us if we wanted to stay or not. But they have continued to cash our checks no problem . With the proper 30 days notice can we move out since we never signed a renewal?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 8, 2020

You became a hold over tenant on a month to month basis. You can give your 30 day notice and move out. However, the thirty (30) days cannot run into the next month or term. So giving your thirty (30) day notice on 12/08/2020, would run into 01/2021 so your move out date would be 02/01/2021.

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2 Answers | Asked in Contracts for Ohio on
Q: My husband is our only source of income and has lost his job due to covid. We have made arrangements to live with family

But the buyout fee is several thousand dollars and they won’t accept multiple payments... if we could afford that, we wouldn’t be moving… Is there no such thing as a hardship action for Ohio?? Is there any kind of legal help because of the current pandemic with so many people losing their jobs?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 3, 2020

I am assuming that you are currently in a lease or rental agreement. If an eviction action is filed for non-payment (as you are probably leaving regardless), then you can request a stay based upon COVID and the CARES Act. The CDC now requires you to file an affidavit that you have attempted to... Read more »

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1 Answer | Asked in Civil Litigation for Ohio on
Q: I was a member of organization and I believe that I was unlawfully targeted and expelled, I want to know what actions I
Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 20, 2020

Most private organizations can discriminate as to their membership, so I am not certain how you would have been "unlawfully targeted and expelled". Please provide additional information

2 Answers | Asked in Real Estate Law for Ohio on
Q: I want to leave my house to my wife when I pass. What is the appropriate way to do this. She is not on the mortgage.

I have children outside of our marriage and just want to make sure my wife retains our home.

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 13, 2020

If you transfer title to the property from you to you and your wife as joint tenants, the remainder to the survivor, then title transfers to the survivor immediately and avoids probate.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Is there a time limit for a seller to agree to repair/replace $500+ items to pass inspection

I am in process of purchasing a property. Offer made, accepted; I ordered and completed inspection within sellers requested timeframe. Two days ago my agent delivered my request to repair/replace to the sellers. I want a decision by tomorrow afternoon (Thursday) if they will or will not agree to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 1, 2020

The purchase agreement should provide a time limit for the seller's to agree to the request to remedy. If no agreement to remedy you can terminate the contract

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2 Answers | Asked in Consumer Law and Contracts for Ohio on
Q: Contractor Agreement, can I get out of it

While I was in the hospital my husband took over my hunt for a contractor to complete roof/siding/gutter and potentially window replacement. He arranged and signed an agreement with a contractor. The agreement only covers items in the event we would be rewarded money from the insurance. I am also... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 17, 2020

Probably need to see the document that was signed, but many times contractor fails to provide the required notice of your right right to cancel within three days. In the absence of such a notification you can cancel the contract at anytime.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Do you guys help with lease on apartments ?

My building was bought out by a management company and lease is or was valid till the end of the year. The new owner posted a letter on my door of eviction in 3 days because I didn't pay a $10 utility fee which isn't in my lease with the old owner. I guess my question is , is my original... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 7, 2020

Old lease is still valid. Of course, if you do not comply with new lease, the new landlord will not renew your lease in December

1 Answer | Asked in Real Estate Law for Ohio on
Q: House has a previous land contract but buyer vacated and stopped paying, how do I get a title if I buy the house?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 24, 2020

The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 14, 2020

At a minimum he has to file an eviction action. Based upon the length of time, I would contact your divorce attorney. As the house was awarded to him as part of a property division or equitable division of debt, he should have been responsible for the mortgage. I am certain that he will argue... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: I bought a house before being and now want to refinance after I’m married. I am not adding my husband to the title.

* before being married

I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 8, 2020

As a spouse your husband has a dower interest that springs to life upon your death if you are still married.

Your spouse must make his dower interest subordinate to the mortgage

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - What can be done when 3 own property but one living on it wont allow appraisal of home?

All three of us each pay 1/3 of the taxes. I am trying to get a current appraisal for which I alone will pay for, so I can sale my 1/3 of the interest which we share in common. The one living on the land said the appraiser can appraise the land but not HIS HOME. We all three own the home too, no... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 7, 2020

I would not immediately file a complaint for partition. You may want to have a complaint for partition drafted and let him know that you can agree to a full appraisal or have the Court and a court appointed officer sell the property for you. Almost assured that no one will be happy with the sale... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - 3 siblings own 30 acres in common. Do we all three own the house on it also or just the 1 living in it?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 7, 2020

In the absence of any special circumstances all three own the property in its entirety, and all three are responsible for repairs, maintenance and taxes. In addition all three are entitled to all the benefits of the entirety.

You should find out what the individual residing at the...
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1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Private Company Stock Ownership Dispute

My Dad had ownership in a private company and he passed away about a year ago. His brother is claiming he bought my Dad's shares out 15 years ago. My Dad did sell part of this shares (about 30% of his shares were sold) to him about 15 years, but not all of them. My Dad never got a copy of the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 27, 2020

In Ohio, the Estate would have an interest in the Company, and the Estate would file a complaint to determine the ownership interest of the Estate. The Company would have ledgers of the stock transfers or the sale of membership units. There would be articles of incorporation or organization and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can a seller go back on their contract after signing?

Recently, we put an offer on a house. One of the stipulations was for the seller to paying closing costs up to 3500, the offer was accepted. A septic and well inspection was completed and it failed the inspection for the septic. So roughly the house needs a new septic system for 10k. Now, the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 19, 2020

You need to have your purchase agreement reviewed by an attorney. After the inspection you made a request to have the septic system repaired. The Seller countered by, essentially agreeing to pay up to $6,500 for the septic repairs. You need to accept or reject their counter-offer. The purchase... Read more »

4 Answers | Asked in Civil Litigation, Mergers & Acquisitions and Real Estate Law for Ohio on
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?

I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.

Bruce Martin Broyles
Bruce Martin Broyles answered on May 29, 2020

You can file a complaint in the Common Pleas Court to partition the real property

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